ELR Citation: ELR 20124
No(s). 08-5131 (D.C. Cir. Jun 5, 2009)

The D.C. Circuit upheld the dismissal of land rights groups' complaint against the U.S. Forest Service in which they challenged its management of the Flathead National Forest in northwest Montana. The groups want more of the forest to be made available for timbering and recreational activities. But as argued by the Forest Service and environmental organizations that intervened on behalf of the government, the groups failed to demonstrate that the Forest Service has violated any federal law or otherwise taken action that is arbitrary and capricious under the APA. On the contrary, it is clear that their grievance lies with legally permissible policy decisions made by U.S. Congress and the Forest Service. The groups' plea for a new approach to management of the Flathead Forest is therefore best directed to the legislative and executive branches.